IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
HARTFORD DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Civil Action No. 3:06-cv-1192
v.

STATE OF CONNECTICUT and
SUSAN BYSIEWICZ, in her official capacity
as Secretary of State of Connecticut;

Defendants.
__________________________________________

COMPLAINT

The United States of America alleges:

1. This action is brought
by the Attorney General on behalf of the United States pursuant to the Uniformed and
Overseas Citizens Absentee Voting Act ("UOCAVA"), 42 U.S.C. §§ 1973ff et seq.,
which provides, interalia, that absent uniformed services voters and
overseas voters ("UOCAVA voters") shall be permitted "to use absentee
registration procedures and to vote by absentee ballot in general, special, primary,
and runoff elections for Federal office." 42 U.S.C. § 1973ff-1. The Attorney
General is granted enforcement powers under UOCAVA, 42 U.S.C. § 1973ff-4, and
files this complaint to ensure that UOCAVA voters who are qualified to vote in the
federal primary election to be conducted on August 8, 2006 in the State of
Connecticut will have an opportunity to vote in the election and have their ballots counted.
The United States seeks declaratory and injunctive relief to obtain compliance with
the federal law for the August 8, 2006 federal primary and to ensure future compliance
with UOCAVA.

3. Defendant State of
Connecticut is obligated to comply with UOCAVA and ensure that UOCAVA voters have
sufficient time to receive, cast and return their absentee ballots.

4. Defendant Susan Bysiewicz
is Secretary of State of Connecticut and is sued in her official capacity. The Secretary
of State is the Commissioner of Elections of the State of Connecticut, and as such is
responsible for the administration of state laws affecting voting, and for assuring
that elections in the state are conducted in accordance with law.
CONN. GEN. STAT. § 9-3 (2006). The Secretary's principal office is in
Hartford, Connecticut.

5. In the federal primary
election of August 8, 2006, eligible voters of the State of Connecticut will
participate in the selection of nominees for a seat in the United States Senate or
a seat in the United States House of Representatives. A federal general election
will be held November 7, 2006.

6. Absentee ballots sent
from UOCAVA voters must be received by the close of the polls on the day of the
election to be counted for all federal and state offices, and must otherwise
satisfy the requirements of Connecticut law. CONN. GEN. STAT. § 9-140b (2006).
For the federal primary election of Tuesday, August 8, 2006, the deadline for receipt
of absentee ballots is the close of the polls on election day, i.e., 8:00 p.m.
Eastern Daylight Time on August 8, 2006. CONN. GEN. STAT. § 9-174 (2006).

8. UOCAVA requires that
a state provide an absentee ballot to an eligible UOCAVA voter "for each subsequent
election for federal office held in the state through the next 2 regularly
scheduled general elections for Federal office," if requested by the voter pursuant
to the FPCA. 42 U.S.C. § 1973ff-3(a). Thus, for the August 8, 2006 federal
primary election, Connecticut officials are required to provide absentee ballots
to all UOCAVA voters who have filed timely applications, which include FPCA requests
filed since January 1, 2004 to receive ballots for subsequent elections, and who are
otherwise qualified to vote in that election ("qualified UOCAVA voters").

9. Municipal election
officials in the State of Connecticut have received timely requests for absentee
ballots from qualified UOCAVA voters.

10. In order to provide
qualified UOCAVA voters a fair opportunity to vote by absentee ballot, election
officials in Connecticut must mail the ballots to the voters sufficiently in
advance of election day to allow the voters to receive, cast and return their
absentee ballots by the deadline established under Connecticut law.

11. Based on data from
the United States Postal Service and the United States Military Postal Service Agency,
the Federal Voting Assistance Program ("FVAP") of the Department of Defense and the
United States Election Assistance Commission recommend that states allow 45 days for
the round-trip transit of an overseas ballot. At a minimum, FVAP has determined that
states must provide no less than 30 days for the round-trip transit of a ballot to
overseas locations.

12. In many Connecticut
towns, election officials failed to mail absentee ballots to qualified UOCAVA voters
who had filed timely requests for such ballots sufficiently in advance of the
August 8, 2006 federal primary election to allow voters to receive the ballot, cast a
vote for all federal offices, and return the ballot to election officials in time
to be counted under Connecticut law. Several town clerks reported to the Department
of Justice that as of July 25, 2006, they were not able to locate or had not yet located
the FPCA requests submitted in 2004.

13. According to the State
of Connecticut, there are approximately 6,000 UOCAVA voters who registered by FPCA in 2004.
Of those, there may be as many as 1,800 - 2,100 UOCAVA voters qualified to vote in
the August 8, 2006 federal primary, many of whom reside overseas. As of Friday,
July 28, 2006, the state surveyed 95 of the 169 towns in Connecticut and identified
650 qualified UOCAVA voters. Municipal election officials in these 95 towns sent
290 absentee ballots by July 11th (28 days before the primary) and 360 absentee ballots
after July 11th. Some of the ballots sent after July 11th were sent via expedited
United States Postal Service or commercial delivery services.

14. The failure of
election officials in Connecticut to mail absentee ballots to qualified UOCAVA voters
sufficiently in advance of August 8, 2006, to allow the voting and return of ballots
by the close of the polls on election day will deprive United States citizens of an
opportunity to vote in a federal primary election contrary to the provisions of UOCAVA.

15. An order of this Court
is necessary requiring the State of Connecticut to take corrective action in order to
protect the rights granted by UOCAVA in the August 8, 2006 federal primary election,
and in future elections.

WHEREFORE, plaintiff prays that this Court
hear this action pursuant to 42 U.S.C. § 1973ff-4 and 28 U.S.C. § 1345;
issue a declaratory judgment under 28 U.S.C. § 2201 that the late mailing of
absentee ballots in the State of Connecticut that has already occurred for the federal
primary election of August 8, 2006 violates UOCAVA; and issue injunctive relief ordering the
defendants, their agents and successors in office, and all persons acting in concert
with them:

(1) to take such steps as are necessary to send an absentee ballot
by expedited delivery to any qualified UOCAVA voter eligible to vote in the August 8,
2006 federal primary election to whom a ballot has not yet been sent and make
available expedited methods, such as air express services, for qualified UOCAVA
voters to return absentee ballots;

(2) to order that appropriate election officials accept for federal
offices, in the August 8, 2006 federal primary election, the Federal Write-in Absentee
Ballot provided for in UOCAVA, 42 U.S.C. § 1973ff-2;

(3) to take such steps as are necessary to require that appropriate
election officials count as validly cast ballots, in contests relating to the selection of
nominees for federal office those ballots, including Federal Write-in Absentee Ballots,
cast by qualified UOCAVA voters as long as such ballots are executed and sent (whether
by federal postal services or commercial delivery services) by August 8, 2006, and
received by appropriate election officials before 8:00 p.m. on August 25, 2006 and
otherwise satisfy the requirements of Connecticut law;

(4) to take such steps as are necessary to afford qualified UOCAVA
voters a reasonable opportunity to learn of this Court's order;

(5) to provide a report to the United States, within 45 days after
the August 8, 2006 federal primary election, setting forth the number of UOCAVA
ballots, including Federal Write-in Absentee Ballots, sent, received, and counted
for the August 8, 2006 federal primary election; and

(6) to take such steps as are necessary to afford UOCAVA voters eligible to
vote in Connecticut a fair and reasonable opportunity to participate in all future
primary, general, special and runoff elections for federal office.

The United States of America further prays that this Court order such other relief as the
interests of justice may require, together with the costs and disbursements of this action.
ALBERTO R. GONZALES
Attorney General